Section 53N — Competition and Consumer Act 2010: Scope of gas market instruments

Gas commodities (1) A gas market instrument may limit the application of: (a) the instrument; or (b) a specified provision of the instrument; or (c) a specified rule included in the instrument; such that the instrument, the specified provision or the specified rule applies only in relation to supplying or acquiring specified gas commodities. Geography (2) A gas market instrument may limit the application of: (a) the instrument; or (b) a specified provision of the instrument; or (c) a specified rule included in the instrument; such that the instrument, the specified provision or the specified rule applies: (d) only in relation to parts of Australia in relation to which specified requirements are met; or (e) in relation to all parts of Australia other than parts of Australia in relation to which specified requirements are met. Note: A gas market instrument may specify a requirement for the purposes of this subsection: (a) by reference to the Minister, the Commission or another person or body being satisfied that particular requirements are met; or (b) by providing for the Minister, the Commission or another person or body to make a legislative, notifiable or other instrument. See sections 53ZB and 53ZD. (3) Subsection (2) is subject to section 53ZG. Note: Section 53ZG provides that a gas market instrument must not give preference to one State or any part thereof. Time (4) A gas market instrument may provide that: (a) the instrument; or (b) a specified provision of the instrument; or (c) a specified rule included in the instrument; applies: (d) at a specified time; or (e) during a specified period; or (f) on an ongoing basis (subject to subsection 53M(7)). (5) Subsection (4) does not limit Part 4 of Chapter 3 of the Legislation Act 2003. Note: Part 4 of Chapter 3 of the Legislation Act 2003 is about sunsetting of legislative instruments. Interaction with Acts Interpretation Act 1901 (6) This section does not limit subsection 33(3A) of the Acts Interpretation Act 1901. Note: Under subsection 33(3A) of the Acts Interpretation Act 1901, a gas market instrument may make different provision with respect to different matters or different classes of matters.